Dear Paz and other helpful members,
after I talked to my AUSA and he told me that according to the litigation report the FBI has completed my name check which is now waiting to be sent in a batch (the results are not sent individually but the FBI evidently waits till they have collected some) to the UCSIS for review and adjudication.
Now he left me with the option of remanding the case to the UCSIS for adjudication or extending the deadline for my WoM for another 60 days. I opted for the last and he duly filed an unopposed motion to this extent (according to pacer).
I had the feeling the case would better remain under the jurisdiction of the Federal Court instead of being remanded to the USCIS, especially after the positive experiences I had with the AUSA. My question though is how do I get the filing fee back? I put this request exclusively in my prayer.
Provided the judge agrees to the motion to extend the timeline how and when would be a point to try to collect the fee. I am sure that it has to be a court ruling. If the adjudication process by the USCIS is completed I assume the AUSA can file for a dismissal (which would of course be unopposed). Would that be the point under which the judge could dismiss the case still honring this part of my prayer?
Also does anybody have an idea of the timeline (I can hear the laughter) between completion of the FBI name check and the next action (2nd fingerprinter, new interview or naturalization) of the USCIS?
Thanks so much!
Best
D.
You can get your costs reimbursed only if you are a prevailing party. If the lawsuit is ultimately dismissed with a joint stipulation (because your petition is adjudicated), it is usually agreed that each party bears its own costs and attorney's fees (if Plaintiff had one). By not opposing a motion to extend and later a motion to dismiss, you certainly will not become a "prevailing party".
I posted a while ago an Opinion&order from a case which was dealing exactly with such situations, expalining in detail the criteria for "prevailing party" in such lawsuits.
I never found out when my NC was completed. But according to some accounts, the 2nd FP request is issued only after the NC is completed, my application was approved approx. 2 weeks after the 2nd FP.
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